189Unlawful stalking

189 Unlawful stalking (1) A person (the offender) stalks another person (the victim) if the offender engages in conduct that includes repeated instances of or a combination of any of the following: (a) following the victim or any other person; (b) telephoning, sending electronic messages to, or otherwise contacting, the victim or another person; (c) entering or loitering outside or near the victim's or another person's place of residence or of business or any other place frequented by the victim or the other person; (d) interfering with property in the victim's or another person's possession (whether or not the offender has an interest in the property); (e) giving offensive material to the victim or another person or leaving it where it will be found by, given to or brought to the attention of, the victim or the other person; (f) keeping the victim or another person under surveillance; (g) acting in any other way that could reasonably be expected to arouse apprehension or fear in the victim for his or her own safety or that of another person, with the intention of causing physical or mental harm to the victim or of arousing apprehension or fear in the victim for his or her own safety or that of another person and the course of conduct engaged in actually did have that result. (1A) For the purposes of this section, an offender has the intention to cause physical or mental harm to the victim or to arouse apprehension or fear in the victim for his or her own safety or that of another person if the offender knows, or in the particular circumstances a reasonable person would have been aware, that engaging in a course of conduct of that kind would be likely to cause such harm or arouse such apprehension or fear. (2) A person who stalks another person is guilty of an offence and is liable: (a) to imprisonment for 2 years; or Criminal Code Act 1983 160 (b) where: (i) the person's conduct contravened a condition of bail or an injunction or order imposed by a court (either under a law of the Commonwealth, the Territory, a State or another Territory of the Commonwealth); or (ii) the person was, on any occasion to which the charge relates, in the possession of an offensive weapon, to imprisonment for 5 years.